손해배상(기)
1. The Defendant’s KRW 6,00,000 for the Plaintiff and 5% per annum from October 29, 2016 to December 21, 2017, respectively, shall be the Plaintiff.
1. The parties' assertion
A. The Defendant filed a complaint against the Plaintiff via three times with regard to the Plaintiff’s act of sleeping, and caused intrusion upon residence and interference with passage, and thus, the Plaintiff is obligated to pay consolation money of KRW 30 million to the Plaintiff.
B. Defendant 1) The Defendant’s complaint is a legitimate exercise of right. 2) The place where the Plaintiff asserts that the passage was obstructed is not a road but a road.
3. The defendant was a plaintiff's head of the office and did not have been affected by his residence.
2. Facts of recognition;
A. 1) The Plaintiff’s wife C completed the registration of ownership transfer on January 13, 200 with respect to the land located in Incheon Reinforcement-gun D or E (hereinafter “instant land”), and the Defendant completed the registration of ownership transfer with respect to G located land adjacent to the instant land on April 2, 1980. 2) The Plaintiff confirmed through the boundary surveying that the instant land was incorporated into the Defendant’s stone fence, and that 3 girs were planted inside the stone fence. At the Plaintiff’s request, the Defendant laid down each 3 girs on November 28, 2012.
3) On December 3, 2012, the Plaintiff: (a) sent a confirmation document prepared by H on September 21, 2013 and September 22, 2013 by the on-site personnel I as of September 21, 2013; and (b) the on-site personnel J as of September 22, 2013; and (c) the main content of the document was “the Defendant laid down cele trees on November 28, 2012; and (d) he was removed on December 3, 2012; and (e) he was confirmed after the demolition.”
B. The Defendant’s complaint 1) requested the Plaintiff to sell the land that was in contact with the boundary, but was rejected. On June 14, 2013, the Defendant filed a complaint against the Plaintiff on the ground that the Plaintiff damaged (the destruction and damage of property). 2) On July 16, 2013, the Defendant was subject to a disposition of suspicion from the Incheon District Prosecutors’ Office for the following reasons.